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HomeMy WebLinkAbout121018_ra03615 Sheridan Street Port Townsend, WA 98368 eAsaz www.JeffersonCountyPublicHealth.org Public He� December 4, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Director, Environmental Public Health Tami Pokorny, Natural Resources Program Coordinator DATE: December 10, 2018 SUBJECT: Conservation Futures Presentation and Resolution — Recommended Changes to Program Materials and Initiating the 2019 Conservation Futures Fund Application Cycle STATEMENT OF ISSUE: Environmental Public Health management requests the opportunity to present recommended changes to the Conservation Futures Program materials for 2019 and to request BoCC signature on a resolution to begin the 2019 Conservation Futures Fund application cycle. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: The Chair of the Conservation Futures Citizen Oversight Committee, David Wilkinson, will present the Committee's recommended changes to the CF Manual, Application and Score Sheet. The most significant changes are a new scored question #7 to summarize the project's conservation value and a new section in the Program Manual that creates a process for addressing project changes. The recommendations were finalized at the Committee's October 10, 2018 meeting. The draft resolution adopts the final draft program materials; sets a conservation futures application period of January 9 - March 22, 2019; and estimates the amount of funding available to 2019 projects at $205,000. Of this amount, up to $30,600 (15% of projected CCF 2018 revenue) is eligible to operations and maintenance. FISCAL U"ACT/COST BENEFIT ANALYSIS: The presentation, proposed changes, and resolution do not impact to the county's General Fund. The Conservation Futures Program is funded by the Jefferson County Conservation Futures Tax Levy. The estimate of available funds for 2019 projects was calculated using a projection of 2018 revenue to the Conservation Futures Fund, previously budgeted project expenses, staff and other anticipated program costs. The final figure for funds available to new projects will be recalculated prior to project ranking. Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community RECOMMENDATION: Environmental Public Health management recommends hearing the presentation and BoCC approval of the resolution to begin the 2019 Conservation Futures Funding Cycle. REVIEWED BY: 4ilip Mor y, Admin' Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 615 Sheridan Street Port Townsend, WA 98368 y www.JeffersonCountyPublicHealth.org Public Hera tfi TO: Board of County Commissioners Philip Morley, County Administrator FROM: David Wilkinson, Chair, Conservation Futures Citizen �,d Oversight Committee Tami Pokorny, Natural Resources Program Coordinator DATE: December 4, 2018 SUBJECT: Conservation Futures Citizen Oversight Committee — Program Recommendations for the 2019 Funding Round As Chair of the Conservation Futures Citizen Oversight Committee (CF Committee), I'm pleased to present our recommendations for program process and materials changes for the 2019 finding cycle. Every fall, we review the previous funding round and develop suggestions for improvements to be implemented in the following year. A program review subcommittee met September 19 and 26 and presented their suggestions to the full committee for discussion and approval on October 10. Recommendations for changes to the 2018 Program Manual, Application and Score Sheet are identified in Track Changes for 2019. Many are simple updates or administrative in nature. The substantive changes may be summarized as follows: Program Manual: 1. On page 11, the Annual Reports section has been revised for clarity and consistency. 2. On page 12, a new section has been added, Program Changes. This section addresses the process by which sponsors may initiate, and the CF Committee and staff may review and respond to, proposed project changes. Requests for parcel substitution, increased funding, reduction in matching amount, and loss of conservation value are considered to be particularly significant. The process outlined will lead to Committee recommendation(s) for consideration by the BoCC and assessment of the need for related updates to program materials. Program Application: 1. A new, scored question 7 was added on page 4, "Summarize the project's conservation values and how the CF funds requested support these values." We felt this question was needed as a sort of 10,000' assessment of the overall merit of the project. 2. On page 5, the question lOb on agriculture projects was revised to include discussion of landowners' past record of implementing practices to protect soils, water quality, and watershed function as well as wildlife habitat. 3. On page 5, the question l Oc now asks how the farm acquisition would likely prescrvc and/or enhance conservation values into the future. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 20199 Jefferson County Conservation Futures Program Property Acquisition and/or Operations and Maintenance Project Application Please complete the following application in its entirety. Be sure to answer NIA "for questions that don't apply to the project. Incomplete applications will not be accepted for consideration. Unless directed otherwise, use as much space as needed to answer each question. Contact program staff at 379-4498 or tpokorny(Wco.iefferson. wa.us with questions. Background and Eligibility Information 1. Project Title: 2. Conservation Futures Acquisition Request: Conservation Futures O&M Request: 3. Total Conservation Futures Request: 4. Please indicate the type of interest contemplated in the acquisition process. Warranty Deed Easement Other (Please describe below) In whose name will the property title be held after acquisition? 5. Applicant Information Name of Applicant or Organization: Contact: Title: Address: Phone: ext. Fax: ext. Email: 6. Sponsor Information: (if different than applicant) Organization Name: Contact: Title: Address: Phone: ext. Fax: ext. Email: This application was approved by the sponsor's legally responsible body (e.g., hoard, council, etc) on 120 7. Site Location Street Address or Description of Location: Driving Directions from Port Townsend 1 20195 CF Program Application final draft 11/8/2018 http://Www.co.iefferson.wa.us/560/Conservation-Futures-Program Section: Township: Range: Assessor's Parcel Number(s): Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with CF funds or used as match. Please list the assessed values for each property or APN, as applicable. 8. Existing Conditions New Site: Yes No Number of Parcels: Addition to Existing Site: Yes No Acres to Be Acquired: Total Project Acreage (if different): Current Zoning: Existing Structures/Facilities: Any current covenants, easements or restrictions on land use: Current Use: Waterfront (name of body of water): Shoreline (linear feet): Owner Tidelands/Shorelands: 9. Current Property Owner is is not a willing seller. Project Description 10. In 1,000 words or less, provide a summary description of the project, the match, overarching goal, and three top objectives. Include information about the physical characteristics of the site that is proposed for acquisition with Conservation Futures Program funds including: vegetation, topography, surrounding land use, and relationship to parks, trails, and open space. Describe the use planned for the site, any development plans after acquisition (including passive development), characteristics of the site which demonstrate that it is well-suited to the proposed use, and plans for any structures currently on the site. If applicable, describe how the site relates to the larger project, and whether the project has a plan, schedule and funding dedicated to its completion. Please also list any important milestones for the project or critical dates, e.g. grant deadlines. List the dates and explain their importance. Please attach a spreadsheet of the budget. 11. Estimate costs below, including the estimated or appraised value of the propert(ies) or property right(s) to be acquired, even if Conservation Futures funds will only cover a portion of the total project cost. In the case of projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel. Estimated or Appraised Value of Propert(ies) to be Acquired: Total Estimated Acquisition -related Cost (see Conservation Futures Manual for eligible costs): 20195 CF Program Application final draft 11/8/2018 http://Www.co.iefferson.wa.us/560/Conservation-Futures-Program Total Operation and Maintenance Cost: Total Project Cost: Basis for Estimates (include information about how the property value(s) was determined, anticipated acquisition - related costs, general description of operation and maintenance work to be performed, task list with itemized budget, and anticipated schedule for completion of work): Scored Questions I a. Sponsor or other organizations will will not contribute to acquisition of proposed site and/or operation and maintenance activities. 1 b. If applicable, please describe below how contributions from groups or agencies will reduce the need to use Conservation Futures program funds. 1 c. Matching Fund Estimate Acquisition O&M % Conservation Futures Funds Requested % Matching Funds/Resources* % Total Project Acquisition Cost 100% * If a prior acquisition is being proposed as match, please describe and provide documentation of value, location, date of acquisition and other information that would directly link the match to the property being considered for acquisition. I d. Source of matching Amount of Contribution If not, Contribution If not, funds/resources contribution approved? when? available now? when? $ Yes No Yes No $ Yes No Yes No $ Yes No Yes No $ Yes No Yes No NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that guarantee additional resources for acquisition. Donation of property or a property right will be considered as a matching resource. Donation of resources for on-going maintenance or stewardship ("in-kind" contributions) are not eligible as a match. 2 a. Sponsoring agency is is not prepared to provide long-term stewardship (easement monitoring, maintenance, up -keep, etc.) for the proposed project site. 2 b. Describe any existing programs or future plans for stewardship of the property, including the nature and extent of the commitment of resources to carry out the stewardship plan. 3 a. Describe the sponsoring agency's previous or on-going stewardship experience. 3 20195 CF Program Application final draft 11/8/2018 http://Www.co.iefferson.wa.us/560/Conservation-Futures-Program 3 b. Has the sponsor and/or applicant of this project been involved in other projects previously approved for Conservation Futures funding? No, neither the sponsor nor applicant has been involved in a project previously approved for Conservation Futures funds. Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for Conservation Futures funds. Please provide details: 4 a. Property can cannot feasibly be acquired in a timely fashion with available resources. 4 b. Necessary commitments and agreements are are not in place. 4 c. All parties are are not in agreement on the cost of acquisition. If "not" to any of the above, please explain below. The proposed acquisition is specifically identified in an adopted open space, conservation, or resource preservation program or plan, or community conservation effort. Please describe below, including the site's importance to theplan. Please reference the website of theplan if available or include theplan with this application. complements an adopted open space or conservation plan, but is not specifically identified. Please describe below, and describe how the proposed acquisition is consistent with theplan. is a stand-alone project. 6. Conservation Opportunity or Threat: 6 a. The proposed acquisition site does does not provide a conservation or preservation opportunity which would otherwise be lost or threatened. 6 b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat, and any unique qualities about the site. -78. The proposed acquisition: 8-7 a. provides habitat for State of Washington Priority Habitat and/or State or Federal Threatened, Endangered or Sensitive species., -7-8 b. provides habitat for a variety of native flora or fauna species. -7-8 c. contributes to an existing or future wildlife corridor or migration route. If affirmative in any of the above, please describe and list the Priority Habitat(s) and Threatened, Endangered, or Sensitive species below, and cite or provide documentation of species' use.' -7-8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so, please provide details. 99. Describe to what degree the project protects habitat for anadromous fish species (for example: marine shorelines, stream/river corridors including meander zones, and riparian buffers). Please provide documentation and maps that demonstrate the location, quality and extent of the existing buffer and adjoining habitat. ' See, for example, htti)://www.dnr.wa.gov/researchscience/topics/naturalheritage/pages/amy nh.aspx http://www.wdfw.wa.gov/conservation/phs/list/ http://www l .dnr.wa.gov/nhp/refdesk/p lants.html htip://wwwl.dnr.wa. og v/nhp/refdesk/pubs/wa ecological systems.pdf 20195 CF Program Application final draft 11/8/2018 http://Www.co.iefferson.wa.us/560/Conservation-Futures-Program Formatted: Font color: Auto Formatted: Font color: Auto Commented [TPl]: Climate change, aquifer recharge etc. Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Auto 9-10 a. Describe the extent and nature of current and planned agricultural use of the proposed acquisition, including any anticipated changes to that use once the property, or property right, is acquired with Conservation Futures funds. 51-10 b. Describe the current owner's record of implementing management practices that reserves and/or enhances soil water ualit watershed function and wildlife habitat on the farm. 9-10 c. Describe how the h acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat. 411 a. Describe the extent and nature of current and planned silvicultural use of the proposed acquisition. Please cite or provide documentation of existing or planned silvicultural activities including forest management plan(s) orforest ecosystem restoration. 119 b. Describe the current owner's record of implementing management practices that preserves and /or enhances soil. water quality. watershed function and wildlife habitat ' '* ' 4:RA44,.,.o4;;e4# P.-,., tipp..'" 119 c. Describe how the 01-4a ,erih- . a.. ,...,.. r'S *iMh,w ,.,.... ,.,.t ..,,... R -HEI ,.,.... ,.4 ffl,.thBEI ..h&t ...:,, ar- roperty acquisition or proposed easement will likely preserve and/ enhance soil, water quality, watershed function and wildlife habitat. 44.12- a. Describe how the proposed acquisition benefits primarily a local area broad county area including the area served, the nature of the benefit, the jurisdictions involved, and the populations served. 44-12 b. Is the project located in an area that is under -represented by CF funded Projects? Areas that Conservation Futures has not been able to support to date include Marrowstone Island, Toandos Peninsula, Dosewallips Valley, Bolton Peninsula, and the West End. 4-213. Describe the educational or interpretive opportunities that exist for providing public access, educational or interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to provide those improvements and any plans for public accessibility.' 4414. The proposed acquisition includes historic or culturally significant resources' and is registered with the National Register of Historic Places, or an equivalent program. is recognized locally has having historic or cultural resources. is adjacent to and provides a buffer for a historic or cultural site. If affirmative in any of the above, please describe below, and cite or provide documentation of the historical or cultural resources. Verification 4-415. Sponsors of applications that are approved for funding by the Board of County Commissioners are required to submit a brief progress report by October 30 every year for three years after the award is approved, or three ' The words "education" and "interpretation" are interpreted broadly by the CF Committee. ' Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW 20195 CF Program Application final draft 11/8/2018 http://Www.co.iefferson.wa.us/560/Conservation-Futures-Program years after the acquisition funds are disbursed to the applicant, whichever is later. The progress report must address any changes in the project focus or purpose, progress in obtaining matching funding, and stewardship and maintenance. Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds are expended. The Committee will use the information to develop a project "report card" that will be submitted annually to the Board of County Commissioners. If this application is approved for funding, I understand the sponsor is required to submit progress reports for three years and for any year in which O&M funds are expended. Initials Date X-516. If, three years after the date funding is approved by the Board of County Commissioners, the applicants have not obtained the required matching funds, the Committee may request the Board of County Commissioners to nullify their approval of funds, and may require the project to re -apply. If this application is approved for funding, I understand that we may be required to re -submit the application if the project sponsor does not obtain the necessary matching funding within three years. Initials Date 20195 CF Program Application final draft 11/8/2018 http://Www.co.iefferson.wa.us/560/Conservation-Futures-Program 20194 Jefferson County Conservation Futures Program Q9s�o` Score Sheet Name Project Formatted: Centered Please note: if none of the answers provided describe the project, answer "N/A" or "0". ADJUSTED CRITERIA SCORE X WEIGHT = SCORE 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? X5= (Points awarded based on the following level of contribution) a. Leverages significantly = 3 points b. Leverages moderately = 2 points c. Meets requirement = 1 point 2. To what degree does the project sponsor commit to provide long-term stewardship for the proposed project? X 10= a. Stewardship plan with guaranteed long-term stewardship = 5 points b. Stewardship plan with guaranteed short-term stewardship = 3 points c. Stewardship plan, no guarantee = 1 point 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? X 1 = a. Highly demonstrated = 5 points b. Moderately demonstrated = 3 points c. Slightly demonstrated = 1 point d. Effectiveness not demonstrated = 0 points 4. To what degree is the acquisition feasible? X 5 = a. Highly feasible = 5 points b. Moderately feasible = 3 points c. Slightly feasible = 1 point 5. To what degree is the project part of an adopted open space, conservation, or resource preservation program or plan, or identified in a community conservation effort? Sliding scale: 1-5 points X4= 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? X6= Sliding scale: 1-5 points 2019 CF Program Score Sheet final draft 11/8/2018 http://www.co.jefferson.wa.us/560/Conservation-Futures-ProRram ' Formatted: Indent: Left: 0" ' Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.25" 7. Are the conservation values of the nroiect commensurate with or greater than the amount of CF funds requested? X 10 = Sliding Scale: 0-5 points Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.25" -- 28. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? (Points awarded in part based on level of documentation.) a. State of Washington Priority Habitat and/or State or Federal Endangered, Threatened or Sensitive species = 0-3 points X3= Variety of native flora & fauna = 0-3 points X3= Provides wildlife corridor or migration route = 0-3 points X 3 = Current owner participates in conservation programs that enhance wildlife habitat = 0-3 points X3= 89. To what degree does the project protect habitat for anadromous fish species? 0-5 -points X3— X3= 3= 910. -To what degree does the project preserve farmland for agricultural use? a. Likely will maintain active agricultural use = 0-3 points X4= b. awr- ^ ,.,i.t. ,,,., ^a ^ ^a 4o.s1;Pd a,,,^t:^„ ^^ tl�y f^:Current owner has a record of implementing management practices that preserves and/or enhances soil, water quality, watershed function and wildlife habitat = 0-3 points X4= c. l3aktProperty acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat = 0-3 point X4- -110.4= -119. To what degree does the project preserve forestland for silvicultural use? a. Likely will maintain forestland for active silvicultural use = 0-3 points X4= b. Current owner has a record of implementing management practices that preserves and/or enhances soil, watershed function and wildlife habitat 2019 CF Program Score Sheet final draft 11/8/2018 http://www.co.jefferson.wa.us/560/Conservation-Futures-ProRram ' Formatted: Indent: Left: 0" .- Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0", Hanging: 0.25" Formatted: Indent: Left: 0.25" Formatted Formatted Formatted: Indent: Left: 0", Tab stops: Not at 3.75" Formatted: Underline Formatted: Indent: Left: 0" ' Formatted: Indent: Left: 0.25" = 0-3 points. X4— c, 4=c, Property acquisition or proposed easement will likely preserve and/or enhance soil, water Formatted: Font color: Black quality, Watershed function and wildlife habitat Formatted: Font: (Default) Times New Roman, 12 pt ;iarro J Banat ,.,, t4@ p-ep@rty = 0-3 points Formatted: Font: (Default) Times New Roman, 12 pt X4- 1247. To what degree does the project serve: Formatted: Indent: Left: 0" a. A significant benefit area? Sliding scale: 1-3 points X4= Formatted: Indent: Left: 0", First line: 0.25" _b. Is the project located in an area that is under -represented by CF funded projects? Sliding scale: 0-3 points X4= .- Formatted: Indent: Left: 0", First line: 0" .. Formatted: Indent: Left: 0", First line: 0.25" 133. To what degree will the acquisition provide educational opportunities, interpretive Formatted: Indent: Left: 0.75" opportunities, and/or serve as a general community resource? Formatted: Indent: Left: 0" X 4 a. Public access, with planned or educational/interpretive displays and materials, events or Formatted: Indent: Left: 0.25" activities = 5 points b. Limited public access, available space for signage and educational materials = 3 points c. Remote location = 1 point d. No opportunity = 0 points ' Formatted: Indent: Left: 0.5" 143. To what degree does the project preserve historic or culturally significant resources'? - - Formatted: Indent: Left: 0" X3= a. Project is registered with the National Register of Historic Places, or an equivalent program = 3 points b. Project is recognized locally as having historic or cultural resources = 2 points c. Project is adjacent to and provides a buffer for a historic or cultural site =1 point d. None of the above = 0 points ' Formatted: Indent: Left: 0.75" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" ' Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW. 2019 CF Program Score Sheet final draft 11/8/2018 http://www.co.jefferson.wa.us/560/Conservation-Futures-ProRram Formatted: Indent: Left: 0.5" Jefferson County Conservation Futures Program Manual FINAL DRAFT Formatted: Font color: Red 2019 Funding Cycle Jefferson County Conservation Futures Program Manual 20198 Funding Cycle Mission of the Conservation Futures Program The mission of the Jefferson County Conservation Futures Program is to provide a system of public open spaces, those open spaces being necessary for the health, welfare, benefit and safety of the residents of Jefferson County and the maintenance of Jefferson County as a desirable place to live, visit and locate businesses. Conservation Futures Citizen's Oversight Committee Membership (as of �'e*o�December 10.2018) Phil Andrus, Citizen, District #2 Mary Biskup, Citizen, District #1 Scott Brinton, Interest — Agriculture Lige Christian, Citizen, District #3 JD Gallant, Citizen, District #3 Vacant, Citizen, District #2 Rob Harbour, Interest — Working Lands Ray Hunter, Interest — Fallow Farms Richard Jahnke, Interest — Coastal Areas Craig Vacant, Interest nrri,a*o 94ange Lorna Smith, Interest — Ecotourism Safa4 S paetkVacant, Interest— David Wilkinson, Citizen, District #1 Table of Contents Overview................................................................................................... 3 Conservation Futures Citizen Oversight Committee (CF Committee)............................4 ProjectSelection...........................................................................................4 Information Sources......................................................................................4 Reimbursement...........................................................................................5 Compliance with All Laws...............................................................................5 RecordRetention..........................................................................................5 Acquisition Projects.......................................................................................6 Operation and Maintenance (O&M) Projects.........................................................9 Required Meeting and Site Visit......................................................................11 Grant Notification and Agreement.....................................................................11 AnnualReports...........................................................................................11 ProjectChanges..........................................................................................11 Program Suggestions.....................................................................................1247 Forms and Templates.....................................................................APPENDIX A Rega@st a nom: t,, o r Formatted: Indent: Left: 0.5", Right: -0.75" Project Agreement Template Annual Report Form Template 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Please note: The 20199 CF Application and Ratings Worksheets are available separately from program staff. Map of Approved Projects...............................................................APPENDIX B Definitions .................................................................................APPENDIX C Overview Jefferson County welcomes your application to the Conservation Futures Program (CF Program). Please do not hesitate to contact Jefferson County Environmental Health Department with questions at Ph: 360/385-9444, Fax: 360/379-4487 or tpokomy@co.jefferson.wa.us. The Conservation Futures Program website address is http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp. In July 2002, the county commissioners approved the Conservation Futures Ordinance, now codified at Jefferson County Code Section 3.08 in accordance with the Revised Code of Washington (RCW) Chapter 84.34. The ordinance establishes goals for the county's Conservation Futures Program and an allocation process for the conservation futures tax levy The purpose of the CF Program is to acquire open space lands, including green spaces, greenbelts, fish and wildlife habitat, trail rights -of -ways, agricultural land and timber land (as those terms are defined in Ch. 84.34 RCW). Projects may include fee -simple or any lesser interest or development right with respect to real property as well as operation and maintenance (O & M) activities. O & M projects must be linked to CF -funded acquisitions. A minimum 50% match is required for all project types. Match must be cash, land trades, the value of land to be traded, or other open spaces linked to the property under application. Open space, wildlife habitat, agricultural and timber lands are all eligible. The project sponsor must sign a grant agreement with the county (see Appendix A). County code (JCC 03.08.030(10)) requires that properties or easements be held by public entities or others as defined in RCW 84.34.210. Government entities may choose to share title of a property with a non-profit nature conservancy corporation or association. Public open spaces must be available on the same conditions to all residents of the county for the benefit of all Jefferson County residents and visitors. Applicants for projects may include the county, municipalities, park districts, state or federal agencies, private non-profit corporations or associations, and private individuals. Project applicants must be represented by a local sponsoring organization based in Jefferson County. Potential sponsors include local governments, special purpose districts and non- profit corporations. A list of potential sponsors is available by contacting program staff. A project sponsor is responsible for the content and submission of the application, organizing and hosting a site visit, making a formal project presentation to the CF Committee, the stewardship plan and its implementation, and all contracting, reporting, and reimbursement obligations with Jefferson County. Available funding is announced early in the calendar year and applications are provided by Jefferson County Environmental Health. Conservation Futures Fund monies can be the collateral, revenue stream or security for long-term financing (typically bonds) in a manner consistent with law. Public workshop(s) may be held prior to the start of the funding round. Staff is always available to answer questions from sponsors, applicants, and interested parties. 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram This year, applications will be due Friday, March 22nd, 2019 and sponsors �ej@ets telhost site visits and present projects to the CF Committee ^a ]�P,4 to vi,4,; in April. Information about the application period is posted on the program website, announced in local newspapers and via email, and available by contacting program staff. In April or May, the CF Committee meets to rank projects, determine recommended funding levels, and compose its overall recommendations to the Board of County Commissioners (BoCC). The BoCC typically makes award determinations in dJuly. Funding for reimbursement is generally not available until August or later. At least every other year, the BoCC reviews the priorities of the Conservation Futures Program and the project ranking process. All meetings of the Conservation Futures Committee are open to the public. Citizens are encouraged to attend. Conservation Futures Citizen Oversight Committee (CF Committee) The CF Committee membership is intended to reflect a broad spectrum of interests and expertise. It includes at least two individuals from each commissioner district and at least nine citizens total. Anyone interested in applying for a seat on the committee is encouraged to contact the Board of County Commissioners Office Oeffbocc@co.jefferson.wa.us) and/or program staff. Project Selection The CF Committee evaluates and ranks project applications according to criteria designed to reflect the priorities expressed in the Jefferson County Code Section 03.08.040. This evaluation process has five (5) distinct phases as follows: 1. Written project application: Each CF Committee member (CFCM) independently reads and assesses each application and prepares any necessary clarification questions. 2. Site visits: Each CFCM must attend the project site visits (or view a video of the site visit), where the applicant and/or the project sponsor will present the layout of the project with reference to the written application and site maps. Additional questions posed by committee members will be answered during this site visit. 3. Oral presentation of the project: Each CFCM must attend this meeting in which the project sponsor presents the project and answers questions posed by the committee members. Following the oral presentations, a deadline will be established for CFCMs to submit additional questions to applicants (via county staff). After this set deadline for additional questions, a second deadline will be established for the receipt of all answers from applicants. After this second deadline no further additional information may be requested, received or considered by the committee. 4. Submission of project ranking form: Each CFCM submits to county staff member a form, which consists of questions that ask how well, in the committee member's judgement, an applicant meets the criteria for approval and funding. The committee member assigns a numerical "score" (within a range predetermined by the CF Committee) for each of the questions. These question "scores" are totaled for an overall evaluation "score". A committee composite "score", for each project application is obtained by taking the average of the "scores". If a project application's composite "score" is 70% of the total possible numerical value for a project "score" the project is considered worthy of funding (i.e. eligible for). Projects "scoring" below 70% of the total possible numerical value for a project "score" are not considered for funding unless compelling reasons for funding arise in the final evaluation phase. 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Ranking and recommendation for funding of project applications: Each project application judged eligible in phase #4 is discussed, bringing into focus information garnered from phases 1 through 4. All project applications are compared and a final ranking and funding recommendation may be determined for each of the project applications and submitted to the Board of County Commissioners. The Committee will provide justification to the Commissioners for any and all changes from the numerical ranked order. Information Sources The Conservation Futures Program is administered by the Commissioners Office with assistance from the Environmental Health Department. Please note that the information contained in this manual does not supersede the statutes governing the Jefferson County Conservation Futures Fund and Program, and should be read in conjunction with them. Relevant sections of law are found in Revised Code of Washington, Chapter 84.34 (RCW 84.34) and the Jefferson County Code (JCC 03.08). To access RCW 84.34 online, visit www.leg.wa.gov/Help/helpwithsearch.htm and click on "Laws and Agency Rules." The Jefferson County Code is available online at http://www.codepublishing.com/WA/JeffersonComty. Contact program staff at ph: 360/379-4498, fax: 360/379-4487 or send an email to tpokomy@co.j efferson.wa.us. Reimbursement All grants are funded through the Jefferson County Conservation Futures tax levy. Except in the case of escrow payments, sponsors must expend their own funds on eligible and allowable expenditures prior to requesting reimbursement. With sufficient lead time, an approved settlement statement, and a preliminary title report, CF funds may be made available to the title company shortly before closing for the direct costs of property acquisition and closing. Please discuss dates for closings and loan periods with program staff to help ensure that grant funds are ready and available when needed. The project sponsor will commit to providing a matching contribution of no less than the amount of conservation futures funds awarded to the project before conservation futures tax funds are reimbursed to that sponsor. This contribution may consist of: • cash • land trades if the valuation of the land to be traded is established by a valuation arising from an appraisal generated by a Washington State Certified Licensed Appraiser (Member of the Appraisal Institute MAI); • the cash value of the land to be traded, excluding Jefferson County conservation futures contributions; or • other open spaces acquired within the previous two years that is situated either directly adjacent to or could, in the sole discretion of the county, be directly linked to the property under application. • cost of appraisal, title insurance, closing costs, and other miscellaneous fees (See JCC 3.08.030(5).) 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram The funding request, reimbursement form and back up documentation may be submitted any time during the project period. It is important to implement projects in as timely a manner as possible and also to bill in a timely manner. Deeds and conservation easement documents must be recorded by the Jefferson County Auditor's Office within 30 days of closing. If matching funds are not secured within three years, the project may be required to re -apply. Jefferson County must pre -approve easement language and will add restrictive language to statutory warrantee deeds, or require the use of other legal instruments, to ensure conservation of project and match properties in perpetuity. Compliance with All Laws Project sponsors shall comply fully with the project agreement, grant program policies, County policies and all applicable federal, state and local laws, orders, regulations and permits. Record Retention/Public Records Act The project sponsor shall retain all books, records, documents, data and other materials relevant to the agreement for a minimum of six (6) years after the completion of the project. Documents related to the expenditure of CF funds, by way of example only, purchase and sale contracts, settlement documents, invoices, e-mails, expert reports and/or appraisals, are Public Records subject to disclosure in accordance with the Public Records Act, Ch. 42.56 RCW, if requested by a citizen or entity. All meetings and activities of the CF Committee are subject to the Open Public Meetings Act, Ch. 42.30 RCW. The public is always invited and encouraged to attend. Two observer comment periods are included in each agenda. Acquisition Projects Project applications for the acquisition of property must meet the following threshold criteria in order to be considered for funding. Each application will receive an initial screening to make sure that it is in compliance. Applicants are encouraged to submit pertinent materials and documents, as appropriate, in addition to those items required. Multi-year acquisition projects are permitted but require additional justification. Project Eligibility Proposed acquisitions must have a willing seller. The property, or property right, must be eligible for purchase as defined by state law, RCW 84. 34.210 (i.e. "...protect, preserve, maintain, improve, restore, limit the future use of, or otherwise conserve, selected open space land, farm and agricultural land, and timber land..."). Conservation Futures funds cannot be used to acquire property, or a property right, that will be used for active recreation purposes (including but not limited to sports fields, playgrounds, recreation centers, swimming beaches or pools, motorized boat launches). 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Conservation Futures funds cannot be used for passive development of a site. For the purposes of this application, passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnic areas, access, restrooms, landscaping and parking. Applicant Eligibility Eligible applicants include the County, municipalities, Park Districts, State or federal agencies, private non-profit corporations or associations, and private individuals. Sponsor Eligibility All applicants must have a local sponsor. Eligible sponsors include county, municipalities, park districts, or private non-profit corporations based in Jefferson County. A current, but not necessarily comprehensive, list of eligible local sponsors may be requested from program staff. Eligible Capital Project Expenditures: (See also JCC 3.080.030(7)) Capital project expenditures or match may include: _Costs of acquiring real property, including interests in real property _Cost of related relocation of eligible occupants (includes administration) _Cost of appraisal _Cost of appraisal review _Cost of title insurance _Closing costs _Pro rata real estate taxes _Recording fees _Compensating tax _Hazardous waste substances reports _Directly related staff and administrative costs (These are limited to 5% of the total cost ofthe project.) _Related legal costs excluding the cost of preparing application for conservation futures funds. _Baseline documentation _Boundary survey _Cultural resources review (survey, excavation, on-site monitoring and data recovery) Conservation futures tax levy funds may not be used to acquire any real property or interest in real property therein through the exercise of the power of eminent domain. Eligible Operations & Maintenance Expenditures — Please note: Total 0 & Mawards are limited to 15% of the cons ervanon futures funding available in any year - contact staff for details. Operations & Maintenance expenditures or match may include, but are not limited to: _Cultural resources review (survey, excavation, on-site monitoring and data recovery) _Demolition Fencing (if needed for public safety or resource protection) 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram _Noxious weed control _Signage _Special site-specific reports (e.g. stewardship reports) Wetland identification and/or delineation Stewardship Plan Prior to reimbursement, sponsors must provide a stewardship plan that describes how the property, or property right, will be maintained over time. Costs for stewardship plans are eligible for operations and maintenance reimbursement only under "Special Reports" (not as a capital acquisition expense). Title Report and Title Insurance Please make county staff aware of issues that could affect the title report and provide updates as they are generated. A title report and title insurance are to be issued in conjunction with the property transaction. Appraisals Successful applicants must provide an independent appraisal (standard, narrative or M.A.I.) from a Washington State Certified Licensed Appraiser if the estimate of value exceeds the assessed value at the time that reimbursement is requested. In no case shall conservation futures funds dispersed exceed the grant amount awarded by the BoCC. No appraisal is required for properties assessed at $20,000 or less. The appraisal must: be no more than 1 year old. A Supplemental Update by the original appraiser may be required, at the discretion of the county, if the appraisal is more than six months old. include a current Title Report provided at the time of the most current appraisal or update_ if timber, mineral or aquatic resources are to be included as value to the appraisal, then the appraisal shall include a separate timber, mineral or aquatic resources evaluation of value, or an opinion of value from a qualified representative of the real estate industry or recent valuation from the Jefferson County Assessor's Office may be used when the total assessed value does not exceed $20,000. Review Appraisals No appraisal review is required of the sponsor by the CF program. However, the CF Committee and/or the county may choose to select an appraisal for independent review for any reason. Project Implementation At the time of purchase or the signing of a "purchase and sale agreement", the appraisal must be no more than a year old unless an extended period is requested and approved by the county, up to a total of 18 months. 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Application and Attachment Requirements for Acquisition Projects All materials must be submitted in hard copy except as noted below and specified in the application: Proof of Willing Seller: A "Willing Seller' letter confirming that the current owner of the property proposed for acquisition is willing to sell. Estimate of Value: A county assessment, certified appraisal of value, and/or an estimate of value from the project sponsor. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency's jurisdictional boundaries, clearly identify the location of the proposed acquisition. Project Boundary Map: On a quarter -section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide six (6) different views of the property proposed for acquisition. The images should show vegetation, terrain, waterfront, man- made features, access roads, wetlands, unique characteristics, etc. Please include captions and an aerial view, if available. Provide in hard copy as well as JPEG or PDF. Development Plan or Narrative: Provide a schematic or master plan map of the project site showing proposed uses and improvements, if applicable. In addition, if the application sponsor is a private non-profit organization, attachments must also include: _ Proof of 501(c)(3) Status _Current Budget _Board Roster _Organization Chart or Staff Roster _Most Recent Financial Statements (audited if possible) _Copy of minutes or resolution documenting official action to submit application for proposed acquisition. If more than one project is submitted from the same sponsor, the minutes or resolution should indicate the project priority and how it was determined. Operation and Maintenance Funding Availability of Funds for O & M Only projects that are acquired using conservation futures funds are eligible for O & M funding. Requests for O & M funding should not exceed the available limit (consult with program staff). Approved disbursements for operation and maintenance of interests in real property purchased with conservation futures tax levy monies shall not in any particular year be greater than fifteen percent (15%) of the conservation futures tax levy monies raised in the preceding year. Project Eligibility Operation and maintenance funding may be used for any property acquired with Conservation Futures funds. Conservation futures tax levy funds appropriated for O & M or interests in real property shall not supplant or replace any existing funding for maintenance and operation of parks and recreational lands. 281-8-2019 CF Program Manual v. 12 10 2018 final draft httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Applicant Eligibility Eligible applicants include the County, municipalities, Park Districts, State or federal agencies, private non-profit corporations or associations, and private individuals. Formatted: Indent: Left: 0" Sponsor Eligibility All applicants must have a local sponsor. Eligible sponsors include the County, municipalities, Park Districts, or private non-profit corporations based in Jefferson County. Application and Attachment Requirements for O & MProjects All requested materials must accompany the application upon submission. If an item is irrelevant to the project at hand, please explain why this is so. Proof of Willing Seller: A "Willing Seller' letter confirming that the current owner of the property proposed for acquisition is willing to sell. Estimate of Value: A County assessment, certified appraisal of value, and/or an estimate of value from the project sponsor. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency's jurisdictional boundaries, clearly identify the location of the proposed acquisition. Project Boundary Map: On a Quarter -section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide six (6) digital images of the property proposed for acquisition. The images should show flora, terrain, waterfront, man-made features, access roads, wetlands, unique characteristics, etc. Please include captions and an aerial view, if available. Development Plan or Narrative: Provide a schematic or master plan map of the project site showing proposed uses and improvements, if applicable. In addition, if the application sponsor is a private non-profit organization, attachments must also include: _ Proof of 501(c)(3) Status _Current Budget Board Roster Organization Chart or Staff Roster _Most Recent Financial Statements (audited if possible) _Copy of minutes or resolution documenting official action to submit application for proposed acquisition. If more than one project is submitted from the same sponsor, the minutes or resolution should indicate the project priority and how it was determined. Budget and Timeline Attached to the first Annual Reporting Form must be a budget and timeline for expenditure of O&M funding for the succeeding ten (10) years measured from the date of approval by the BoCC. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 10 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Documentation of Match A match of 50% must be documented with each invoice. Match guidelines are identical for acquisition and O & M proposals. In-kind labor cannot be used as match. Reporting Any project sponsor receiving O & M funds is required to submit a report each October until those funds are expended. An expenditure summary that provides the following information must accompany billing: 1) Date the payment was made. 2) The vendor and/or employee to whom the payment was made. 3) A description of what was purchased or what work and/or services were performed; provide a description of what service or work was performed for the payroll costs or by the sub -contractor. Application and Attachment Requirements for O&Wrojects To apply for O & M funding for a project previously purchased using CF Funds, use the standard application form. In question #1, refer to the original project title and year that the project was approved followed by "O & M Request Only". If you feel that a question is irrelevant to the project at hand, please explain why. Required Meeting and Site Visit Project sponsors are required to host a visit to the project site and make a formal presentation to the CF Committee. The presentation must begin with an introductory project description and then be organized according to the sequence of questions listed on the Rating Sheet. Site visits are videotaped by county staff. -n,^ s:t^ ^;^,*^ ^^a ^ @+Aa @os i n^r:' Grant Notification and Agreement Sponsors will be notified by staff of grant awards as soon as possible after the BoCC makes their decision, usually in Julyne. Sponsors will then be asked to sign a project agreement (Appendix A) with Jefferson County. An informational template is provided with this — Formatted: Font: sold manual. Annual Ryeports Formatted: Indent: Left: -0.13" Formatted: Indent: Left: -0.13" Sponsors are required to submit an annual bFie. progress report by October 30: every Yq Formatted: Superscript from the date of award until f4three years after the_-aeqai-,�CF funds are disbursed Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds are expended. U- -P Cem_m #yy ,,,:ii ^ *'h^ i44 ^M^*;^^ tO a^^^'^^ ^ @^* An_ annual report_44+na-t-template is included with this manual and will be provided to the project sponsor electronically. The progress report must address changes in the project focus 281-8-2019 CF Program Manual v. 12 10 2018 final draft 11 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram or purpose, progress in obtaining matching funding, and stewardship and maintenance, as applicable. Program Changes Formatted: Font: Not Bold Formatted: Indent: Left: 0.5" project sponsor can initiate a request for change. A change occurs whenever the language contained in the application to the Conservation Futures Fund no longer accurately or fully describes the project. The Committee prefers that project change requests be presented as follows: gena a ""letter ",acaaresseci to we ut, uonuninee,to tile program stain s etnaii4 Formatted: Font: Not Bold describes the desired change and its rationale in as much detail as possible. Al Formatted: Font: Not Bold characterize the level of urgency for addressing the possible change. If at all Formatted: Indent: Left: 0.88" possible- provide this information at least two weeks ahead of the next schedul full committee meeting for possible inclusion on the draft agenda. 2. Reflect the proposed change in a Mjcrosoft Word version of the original conservation futures tapplication, and the County/Sponsor resolution or agreeo Formatted: Font: Not Bold (as applicable), using Track Changes. Label new attachments with the current date. Attach the document(s) to the email described above. 3. When the change request is included on a draft agenda, the sponsor should make every effort to attend that meeting in person or by phone. 4. If the need for change is urgent, the Chair may call a special, ad hoc, meeting:_: Formatted: Font: Not Bold 5. The following requests are considered particularly significant: a. Parcel substitution Formatted: Indent: Left: 1.38" b. Increase in funding amount c. Reduction in percentage match d. Loss of conservation value The CF Committee shall: Formatted: Indent: Left: 1.63", No bullets or numbering Formatted: Indent: Left: 0.5" 2. Engage in discussion about the proposed change. V Formatted: Indent: Left: 0.88" 3. Formulate and vote, consistent with the bylaws, on a motion to accomplish one or more of the following: a. Draft a statement to recommend the change for approval by the$oCC Formatted: Indent: Left: 1.38" its current form b. Ask the project sponsor to revise and resubmit the change request for a future meeting c. If the need for change is urgent, the Chair may call a special, ad hoc, meeting d. Reject the change and submit a statement to the BoCC to accompany the request Formatted: Indent: Left: 0.5" Staff shalkvi44: 1. Work with the project sponsor and Committee chair to refine or clarify the Formatted, Indent: Left: 1.13" change request ahead of its presentation at the next Committee meeting, as needed. 2. Forward the change request and Committee recommendations to the BoCC for final determination at a regularly scheduled meeting. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 12 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram 3. Work with the Committee, and subcommittee(s) as applicable, to learn from the change and determine if related updates to program materials are needed. Program Suggestions Suggestions for program improvements are always welcome and may be provided to the Conservation Futures Committee by letter or email via staff at the contact information on page 3. Every CF Committee meeting also includes two public comment periods. Meeting times are provided in newspapers and on the program website. Formatted: Indent: Left: 0" 281-8-2019 CF Program Manual v. 12 10 2018 final draft 13 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Formatted: Indent: Left: -0.13", Right: -0.75', Line spacing: 1.5 lines, Tab stops: Not at 2" neje t Na -MO. Pates i� D Formatted: Centered, Indent: Left: -0.13", Right: -0.75', Line soacina: 1.5 lines Formatted: Centered, Indent: Left: -0.13", Right: -0.75', Line soacina: 1.5 lines Formatted: Centered, Indent: Left: -0.13", Right: -0.75', Line spacing: 1.5 lines Formatted: Indent: Left: -0.13", Right: -0.75', Line spacing: 1.5 lines Formatted: Centered, Indent: Left: Line spacing: 1.5 lines -0.13", Right: -0.75', Formatted: Centered, Indent: Left: Line spacing: 1.5 lines -0.13", Right: -0.75', Formatted: Centered, Indent: Left: Line spacing: 1.5 lines -0.13", Right: -0.75', 281-8-2019 CF Program Manual v. 12 10 2018 final draft 14 h!W://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram 281-8-2019 CF Program Manual v. 12 10 2018 final draft 15 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM PROJECT AGREEMENT (template only) Project Sponsor: Project Title: Project Number: Approval: Resolution Na xxx on xxx, 20199 A. Parties to the Agreement This Project Grant Agreement (Agreement) is entered into between County of Jefferson (County), PO Box 1220, Port Townsend, Washington 98368 and (Sponsor), xxxxx, xxxxx, WA 983xx, and shall be binding upon the agents and all persons acting by or through the parties. B. Purpose of the Agreement This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County Conservation Futures Fund. The grant is administered by Jefferson County Environmental Health for the Sponsor for the project named above. C. Description of Project The subject project is described in the attached 2018 Conservation Project Application for the xxx. Conservation Futures Fund ("CFF") from Jefferson County in an amount not to exceed $xxx will be used towards fee simple acquisition, by xxx, of the real property known in the records of the Jefferson County Assessor as APN#s xxxx for acquisition expenses, and $xxx to reimburse for operations and maintenance expenses. The matching amount is provided by xxx. Description of conservation easement or language in SWD (asf applicable). D. Term of Agreement The Project Sponsor's on-going obligation for the above project funded by this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended in perpetuity unless otherwise identified in this Agreement. E. Period of Performance The Project reimbursement period for acquisition expenses shall begin on xxxx xx, 20199. The Project reimbursement period for acquisition expenses will end on xxx xx, 2022T unless proof of match is provided prior to this date. No expenditure made before xxx xx, 20199 is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. Project Funding The total grant award provided by the Conservation Futures Fund (CFF) for the Project shall not exceed $xxxxx and Jefferson County CFF shall not pay any amount beyond that approved herein for funding of the Project. The Sponsor shall be responsible for all total costs for the Project that exceed $xxx,xxx. In no event will the CFF funds expended for this purchase exceed 44@@rrxxxercent (2i %) of the overall acquisition cost of APN xxx-xxx-xxx. This Project is eligible for reimbursement of capital project and operations and maintenance expenditures as described in the Jefferson County Conservation Futures Program Manual for the 20199 Funding Cycle. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 16 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram The contribution by the Sponsor toward work on the Project at a minimum shall be as indicated below. The contribution by the County toward work on the Project is described immediately above and in "C" above. G. Unexpended Project Allocations Should unexpected Project allocations, including, but not limited to project completion at less than the estimated cost or, alternatively, the abandonment of the Project occur, then the Sponsor shall notify the County. H. Rights and Obligations All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application and Jefferson County Conservation Futures Program Manual for the 2019,9 Funding Cycle, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by Jefferson Board of County Commissioners. I. Indemnification Sponsor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Sponsor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Sponsor. J. Insurance The Sponsor shall secure and maintain in force throughout the duration of this contract policies of insurance as follows: If and only if the Sponsor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Sponsor, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Sponsor is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Sponsor's performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less 281-8-2019 CF Program Manual v. 12 10 2018 final draft 17 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Acquisition O & M Totals % Conservation Futures — $ $ Project Sponsor $ $ $ ° /0 Contribution Totals $ $ $ 100% G. Unexpended Project Allocations Should unexpected Project allocations, including, but not limited to project completion at less than the estimated cost or, alternatively, the abandonment of the Project occur, then the Sponsor shall notify the County. H. Rights and Obligations All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application and Jefferson County Conservation Futures Program Manual for the 2019,9 Funding Cycle, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by Jefferson Board of County Commissioners. I. Indemnification Sponsor shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Sponsor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Sponsor. J. Insurance The Sponsor shall secure and maintain in force throughout the duration of this contract policies of insurance as follows: If and only if the Sponsor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Sponsor, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Sponsor is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Sponsor's performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less 281-8-2019 CF Program Manual v. 12 10 2018 final draft 17 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The County shall be named as an additional insured party under this policy. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Sponsor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Sponsor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Sponsor to take out and/or maintain any required insurance shall not relieve the Sponsor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Sponsor. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 18 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Sponsor until such time as the Sponsor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Sponsor must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Sponsor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Sponsor to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Sponsor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Sponsor. K Independent Contractor The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. L. Ownership and Use of Documents All documents, drawings, specifications and other materials produced by the Sponsor in connection with the services rendered under this agreement shall be the property of the Sponsor whether the project for which they are made is executed or not. The County shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Sponsor's endeavors. M. Compliance with Applicable Statutes, Rules, and Jefferson County Policies This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including RCW 84.34.210, and published agency policies, which are incorporated herein by this reference as if fully set forth. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 19 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram N. Sponsor's Accounting Books and Records The Sponsor shall maintain complete financial records relating to this contract and the services rendered including all books, records, documents, receipts, invoices, and all other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this contract. The Sponsor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after the date of the final payment to Sponsor. Copies shall be made available upon request. O. Licensing, Accreditation and Registration The Sponsor shall comply with all applicable local, state and federal licensing, accreditation, permitting and registration requirement/standards necessary for the performance of this contract. P. Disputes Except as otherwise provided in this contract, when a bona fide dispute arises between Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator assigned by or associated with Jefferson County District Court. Either party's request for a dispute hearing must be in writing and clearly state: a. the disputed issue(s), b. the relative positions of the parties, and a. the Sponsor's name, address and Agency contact number These requests must be mailed to the Project Manager, Jefferson County Environmental Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a judicial or quasi- judicial tribunal. The parties will split evenly the cost of mediation or whatever form of dispute resolution is used. Q. Termination for funding Jefferson County may unilaterally terminate this contract in the event funding from state, federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of this contract. R. Termination for Convenience The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Sponsor. S. Assignment The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this agreement without the express written consent of the County. T. Non -Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. U. County Does Not Assume Additional Duties The County does not assume any obligation or duty, except as required by federal or state law, to determine if Sponsor is complying with all applicable statutes, rules, codes ordinances or permits. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 20 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram V. Agreement Representatives All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Sponsor Contact Conservation Futures Program Contact Jefferson County Environmental Health — Conservation Futures 615 Sheridan Street Port Townsend, WA 98368 These addresses shall be effective until receipt by one party from the other of a written notice of any change. W. Entire Agreement/Severability This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. If any part of this Agreement is ruled or adjudicated to be unlawful or void, all other sections of this Agreement shall continue to have full force and effect. K Effective Date This agreement, for the xxxxx (project) shall be effective upon signing by all parties. Y. Venue: Venue for any litigation arising from this Project Agreement shall be only in the Superior Court in and for Jefferson County. Each party to this agreement shall be responsible for their litigation costs, including attorney's fees. DATED this day of By David Sullivan, Chair Jefferson Board of County Commissioners By Attested: Carolyn Gallaway, Deputy Clerk of the Board Approved as to form: Philip Hunsucker, Chief Civil DPA 20194. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 21 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Jefferson County Conservation Futures Program Annual Project Reporting Form (template only) 1. Project Sponsor: 2. Project Title: 3. Project Number: 4. Status: 5. Approval Date: 6. Project goals and objectives: 7. Parcel number(s): 8. Total acreage: 9. Easement: Title: Seller: 10. Fee Simple Seller: 11. Month and year that CF funding was awarded: 12. a). Purchase price: b). Total project cost: 13. Amount of CF award: 14. Month and year of acquisition: 15. Entity holding title: 16. Entity responsible for stewardship: 17. Plans or agreements pertaining to this acquisition: 18. O& M funds received since acquisition (list by year): 19. Existing and on-going activities and projects (for each O & M activity that has occurred since October 1 of the previous year, please provide supporting documentation): 20. New events, activities, projects (for each O & M activity that has occurred since October 1 of the previous year, please provide supporting documentation): 21. Needs and challenges: 22. General progress towards project's objectives: Completed by: Title: Organization: Signature Date 281-8-2019 CF Program Manual v. 12 10 2018 final draft 22 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Appendix B PROJECTS MAP — 2018 version 281-8-2019 CF Program Manual v. 12 10 2018 final draft 23 h!W://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram 281-8-2019 CF Program Manual v. 12 10 2018 final draft 24 h!W://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Conservation Futures r - I Jefferson County, Washington ry Is W�... _— j q � 1 i . a �j i rm I e - \ ♦' " Iii ._ .....� .. t f \ ..e.. _� � t ' 511 / s Ll 281-8-2019 CF Program Manual v. 12 10 2018 final draft 24 h!W://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram Appendix C DEFINITIONS "Conservation futures citizen oversight committee" means the Jefferson County conservation futures citizen oversight committee established under this chapter. "Conservation futures fund" means the Jefferson County conservation futures fund established under this chapter. "Conservation futures tax levy" means that Jefferson County tax levy upon all taxable property in Jefferson County authorized by RCW 84.34.230. "County" means Jefferson County and/or its conservation futures citizen oversight committee. "Cultural resources" means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW."Open space land" means the fee simple or any lesser interest or development right with respect to real property including, but not limited to, conservation futures, easements, covenants or other contractual rights necessary to protect, preserve, maintain, improve, restore, limit the future use of or conserve selected open space land, farm and agricultural land and timber land (as those terms are defined in Chapter 84.34 RCW). "Project' means open space land, or any lesser interest or development right in specific real property, to which Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02 § 1] "Silviculture" means the practice of controlling the establishment, growth, composition, health, and quality of forests for the production of forest products. 281-8-2019 CF Program Manual v. 12 10 2018 final draft 25 httn://www.co.jefferson.wa.us/560/Conservation-Futures-Proi4ram STATE OF WASHINGTON County of Jefferson In the Matter of Establishing a Conservation } Futures Program Application Period, Setting } An Estimated Amount of Conservation } Futures Funds Available, and Approving } Program Materials for Use in the 2019 } RESOLUTION NO. Conservation Future Funding Cycle } WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230, are an important means of retaining community character and accomplishing open space policies and objectives of the Jefferson County Comprehensive Plan, and; WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to acquire open space land, agricultural and timber lands, as defined in RCW 84.34.220, and; WHEREAS, the Conservation Futures Citizen Oversight Committee and program staff have developed and revised program materials in accordance with Jefferson County Code Section 3.08.030, and; WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), an application submission date shall be established no later than March 30, and; WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), public notice shall be provided at least one month prior to the application submission date, and; WHEREAS, Public Health has estimated the amount of Conservation Futures funds available for new acquisition and operations and maintenance projects in 2019, and; WHEREAS, Jefferson County Board of County Commissioners considers it in the best public interest to establish the program application materials, period and available funding for the 2019 Conservation Futures funding cycle, NOW, THEREFORE BE IT RESOLVED by the Jefferson County Board of Commissioners as follows: Jefferson County hereby approves of the 2019 final draft Conseivation Futures Program Manual, Application, and Score Sheet. 2. The Conservation Futures application period will commence January 9, 2019 and the application submission deadline will be March 22, 2018. RESOLUTION NO. Establishing a Conservation Futures Program Application Period, Setting an Amount of Conservation Futures Funds Available and Approving Program Materials for Use in the 2019 Conservation Futures Funding Cycle The total amount of Conservation Futures Funds available to the 2019 funding round is estimated to be $205,000. 4. Of this amount, up to $30,600 is available to fund operations and maintenance projects. APPROVED AND ADOPTED this day of Washington. SEAL: ATTEST: Carolyn Gallaway Deputy Clerk of the Board 2018 in Port Townsend, JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kate Dean, Member Kathleen Kler, Member